South Africa Case Law

Hudaco Trading (Pty) Ltd t/a Ambro Steel and Others v Ramothwala (JA18/2023)

Hudaco Trading (Pty) Ltd t/a Ambro Steel and Others v Ramothwala (JA18/2023) [2024] ZALAC 24; (2024) 45 ILJ 1987 (LAC) (26 April 2024)

Court

Labour Appeal Court

Case number

JA18/2023

Judges

Mlambo JP, Nkutha-Nkontwana JA, Jolwana AJA

The Labour Appeal Court held that the institution of review proceedings, even if defective or filed out of time, interrupts the running of prescription in respect of an arbitration award until those proceedings are finalized. The court rejected Hudaco's argument that a late review application without condonation is void ab initio and incapable of interrupting prescription. The court found that prescription could not run while review and appeal processes were pending, and the award remained enforceable. The court also clarified that interest payable is that prescribed for judgment debts, not t…

Source excerpt

• Prescription Of Arbitration Award
• Review Application
• Condonation
• Security For Review
• Interest On Award

Burrie Smit Ontwikkelaars (Pty) Ltd v Rustenburg Local Municipality (Leave to Appeal) (2868/2008)

Burrie Smit Ontwikkelaars (Pty) Ltd v Rustenburg Local Municipality (Leave to Appeal) (2868/2008) [2024] ZANWHC 35 (15 February 2024)

Court

North West High Court, Mafikeng

Case number

2868/2008

Judge

R D Hendricks

The court granted leave to appeal and cross-appeal on issues of interest and costs arising from an expropriation compensation order.

• Expropriation Act 1975
• Quantum Of Compensation
• Interest On Award
• Costs In Appeal
• Expropriation
• Leave-to-appeal

Bigen Africa Group Holdings (Pty) Limited v Nemai Consulting (Pty) Limited and Another (61282/2021)

Bigen Africa Group Holdings (Pty) Limited v Nemai Consulting (Pty) Limited and Another (61282/2021) [2022] ZAGPPHC 678 (8 September 2022)

Court

North Gauteng High Court, Pretoria

Case number

61282/2021

Judge

Neukircher

The High Court made an arbitral award an order of court under section 31 of the Arbitration Act, enforcing payment, interest, dismissal of counterclaims, and costs.

• Arbitration Award Enforcement
• Arbitration Act Section 31
• Interest On Award
• Costs Of Arbitration
• Arbitration-award-enforcement
• Arbitration-act-section-31

Gumbi v Minister of Police (D7156/2016)

Gumbi v Minister of Police (D7156/2016) [2022] ZAKZDHC 17 (1 April 2022)

Court

Kwazulu-Natal High Court, Durban

Case number

D7156/2016

Judge

Lopes

The High Court awarded Christopher Gumbi R774,200 for unlawful arrest, malicious prosecution, contumelia, legal costs, and property loss.

• Unlawful Arrest
• Malicious Prosecution
• Contumelia
• Damages Assessment
• Interest On Award
• Unlawful-arrest

WK Construction SA (Pty) Ltd v Transnet SOC Ltd (14655/2020)

WK Construction SA (Pty) Ltd v Transnet SOC Ltd (14655/2020) [2021] ZAGPJHC 34 (18 March 2021)

Court

South Gauteng High Court, Johannesburg

Case number

14655/2020

Judge

Twala M L

The court found that the respondent failed to establish any substantive grounds to challenge the validity of the arbitration awards. The applicant's relief sought merely restates the arbitrator's published awards, and the issue of whether the awards have been given full effect or are subject to pending arbitration is irrelevant to the present proceedings. The interest awarded is in accordance with the arbitrator's determination and the applicable rate. Accordingly, the arbitration awards are made an order of court and the respondent is liable for the costs of the application.

Source excerpt

• Arbitration Award Enforcement
• Arbitration Act Section 31
• Interest On Award
• Costs Order

Ramphele v Mlambo (2017/33789)

Ramphele v Mlambo (2017/33789) [2019] ZAGPPHC 81 (14 March 2019)

Court

North Gauteng High Court, Pretoria

Case number

2017/33789

Judge

LR Adams

The High Court made an arbitration award an order of court, corrected it to include arbitrator’s fees, and confirmed interest from the award date.

• Arbitration Award Enforcement
• Clerical Error Correction
• Costs Award
• Interest On Award
• Arbitration-award-enforcement
• Clerical-error-correction

Samuels v Aspen Pharmacare Ltd (P556/17)

Samuels v Aspen Pharmacare Ltd (P556/17) [2017] ZALCPE 27 (20 December 2017)

Court

Labour Court Port Elizabeth

Case number

P556/17

Judge

Potgieter

The court found that the respondent failed to prosecute its review application within the required 60-day period, resulting in the review being deemed withdrawn in terms of the Labour Court Practice Manual. The respondent did not deliver a notice of opposition or serve its answering affidavit on the applicant, rendering the matter unopposed. The review application did not suspend the operation of the arbitration award as no security was furnished. The applicant was entitled to have the award made an order of court, including reinstatement and payment as specified. Costs were awarded on the or…

Source excerpt

• Section 158 Enforcement
• Arbitration Award
• Review Application Lapse
• Reinstatement
• Interest On Award

Mokoena v Road Accident Fund (317/2013)

Mokoena v Road Accident Fund (317/2013) [2016] ZAFSHC 192 (10 November 2016)

Court

Free State High Court, Bloemfontein

Case number

317/2013

Judge

M A Mathebula

The High Court awarded loss-of-support damages to the plaintiff, holding that support for the minor children should be calculated to age 21 and granting costs.

• Loss Of Support
• Quantum Of Damages
• Duty Of Support
• Interest On Award
• Loss-of-support
• Quantum-of-damages

R.N.M v T.T and Another (64816/2013)

R.N.M v T.T and Another (64816/2013) [2016] ZAGPPHC 704 (16 August 2016)

Court

North Gauteng High Court, Pretoria

Case number

64816/2013

Judge

C Pretorius

The High Court awarded delictual damages for a brutal public assault and humiliation, granting R150,000 against the first defendant and R15,000 against the second.

• Assault
• Damages Quantum
• Humiliation
• General Damages
• Interest On Award
• Delict

Billion Group (Pty) Limited v Mosheshe and Others (JR607/2013)

Billion Group (Pty) Limited v Mosheshe and Others (JR607/2013) [2016] ZALCJHB 228 (4 July 2016)

Court

Labour Court Johannesburg

Case number

JR607/2013

Judge

Olivier

The Labour Court granted condonation and leave to appeal only on the second and third grounds, but refused leave on the first ground.

• Unfair Dismissal
• Compensation Award
• Interest On Award
• Leave To Appeal
• Condonation
• Leave-to-appeal